State files motion to proceed with check fraudUPDATE CASE TO BE SCHEDULED

[marspiter]

Actually see this allot in District Court. The defendant will pay the money back for bad checks or other minor theft charges. Normally once it's paid allot of these cases do get dismissed. That or in some areas with a case like this the defense can request the case go to mediation. Then both parties agree to a repayment or some mutual agreement and the case is dismissed in lieu of mediation. That may be what JB is wanting/trying to do here. That is get the case dismissed. So evidence in the fraud/theft trial can't be used in the murder trial.

 

[magic-cat]

Actually see this allot in District Court. The defendant will pay the money back for bad checks or other minor theft charges. Normally once it's paid allot of these cases do get dismissed. That or in some areas with a case like this the defense can request the case go to mediation. Then both parties agree to a repayment or some mutual agreement and the case is dismissed in lieu of mediation. That may be what JB is wanting/trying to do here. That is get the case dismissed. So evidence in the fraud/theft trial can't be used in the murder trial.

Now this is just me mind you, but I do not consider what Casey did here with these checks a "minor" type of thing. She was on a rampant spending spree with one of her best friends stolen check books and during a period when her daughter was decomposing down the street from her house. To me this goes to show that she was not in the least bit concerned or worried for Caylee. She was shopping for "THE BOYS" and buying herself trinkets like sunglasses and clothing. I think these charges go to show her state of mind in a most clear and concise fashion and I do not think there is a snowballs chance in Hawaii that the prosecution is just going to let this get swept under the rug. So what they paid it back on her behalf? That does not negate the fact of what she did and WHEN she was busy doing it: while her baby was supposedly missing/kidnapped, which of course now we know better. Also to me a "minor" theft would have been a pair of sunglasses or something like that from Target-not over six hundred dollars spent all over Orlando.

 

[Amil]

Now this is just me mind you, but I do not consider what Casey did here with these checks a "minor" type of thing. She was on a rampant spending spree with one of her best friends stolen check books and during a period when her daughter was decomposing down the street from her house. To me this goes to show that she was not in the least bit concerned or worried for Caylee. She was shopping for "THE BOYS" and buying herself trinkets like sunglasses and clothing. I think these charges go to show her state of mind in a most clear and concise fashion and I do not think there is a snowballs chance in Hawaii that the prosecution is just going to let this get swept under the rug. So what they paid it back on her behalf? That does not negate the fact of what she did and WHEN she was busy doing it: while her baby was supposedly missing/kidnapped, which of course now we know better. Also to me a "minor" theft would have been a pair of sunglasses or something like that from Target-not over six hundred dollars spent all over Orlando.

So if the money is paid back, and charges dismissed, none of this behavior will be brought before the jurors? Just thrown out?

 

[100%Agave]

Now this is just me mind you, but I do not consider what Casey did here with these checks a "minor" type of thing.

See this is what gets me, I keep hearing bad checks but she didn't write bad checks, she stole checks and used them to buy things. Writing a hot check is not a good thing but she did not write hot checks.....she took someone else's checks and spent their money. If she signed Amy's name to some of those check that is theft and forgery. Signing her own name, well, that is just plan stupidity but it is still theft. What else was in the charges, something about identity theft? Or did I make that up?

I looked it up and forgery in florida is a 3rd degree felony punishable by up to 5 year maximum. I would assume that is per charge and she has more than 1.

also I found this:

Issuing a worthless check worth less than $150 is a first degree misdemeanor, punishable by up to 12 months in county jail and/or a fine of up to $1,000. The issuer may face civil charges as well and if convicted in civil court may face paying up to three times the value of the check as well as attorney fees and other costs. Issuing a worthless check worth $150 or more is a third degree felony, punishable by up to 5 years in state prison and/or a fine of up to $5,000.

 

[Amil]

See this is what gets me, I keep hearing bad checks but she didn't write bad checks, she stole checks and used them to buy things. Writing a hot check is not a good thing but she did not write hot checks.....she took someone else's checks and spent their money. If she signed Amy's name to some of those check that is theft and forgery. Signing her own name, well, that is just plan stupidity but it is still theft. What else was in the charges, something about identity theft? Or did I make that up?

I looked it up and forgery in florida is a 3rd degree felony punishable by up to 5 year maximum. I would assume that is per charge and she has more than 1.

also I found this:

Issuing a worthless check worth less than $150 is a first degree misdemeanor, punishable by up to 12 months in county jail and/or a fine of up to $1,000. The issuer may face civil charges as well and if convicted in civil court may face paying up to three times the value of the check as well as attorney fees and other costs. Issuing a worthless check worth $150 or more is a third degree felony, punishable by up to 5 years in state prison and/or a fine of up to $5,000.

She'll probably get "time-served" for these first offense felonies. You can counterfeit across state lines and get less than 6 years.

 

[tweety933]

Wouldn't Target, Winn-Dixie, Bank of America, AND Amy H......ALL have to decide they want to drop the charges?

 

[Patty G]

Wouldn't Target, Winn-Dixie, Bank of America, AND Amy H......ALL have to decide they want to drop the charges?

IMO, nope!

 

[USARDOG]

IMO, they have all been paid via Amy's account, so have no complaint. It is Amy that was left holding the bag.

This is the gift that keeps on giving... There are so many things that the state can benefit by with this prosecution. It changes both the murder case, because if found guilty here she can not claim to be of good moral character, and the sentencing phase if/when it gets that far because she can not come to court as a first time offender. In addition as magic-cat points out, goes to show state of mind during the period when she claims her daughter was kidnapped.

 

[ClockWatcher]

Adding Defense response to States motion:

http://www.wftv.com/pdf/20547538/detail.html


Amended response:

http://www.wftv.com/pdf/20547429/detail.html


ugh...here's hoping Judge Strickland will say, "No way, Jose" and honor the States request for trial date within the next 90 days!! raying:

 

[sarah7855]

IMO, they have all been paid via Amy's account, so have no complaint. It is Amy that was left holding the bag.

This is the gift that keeps on giving... There are so many things that the state can benefit by with this prosecution. It changes both the murder case, because if found guilty here she can not claim to be of good moral character, and the sentencing phase if/when it gets that far because she can not come to court as a first time offender. In addition as magic-cat points out, goes to show state of mind during the period when she claims her daughter was kidnapped.

BBM.

I agree completely. I think that the video of her at Target, loading beer and lingerie into her cart (to quote NG, lol), seeming so calm and nonchalant, is so damning! HELLO CASEY! your baby, your flesh and blood, the little girl that you CARRIED and GAVE BIRTH TO, is rotting away in the woods,mere miles from where you stand, being picked apart by animals!!! :furious: But yet, here Casey is, looking like she doesn't have a care in the world. If that evidence, along with all the other evidence that is part of the check fraud case, can't be introduced at the murder trial, the State is going to have to go through the additional affort to "paint" the picture of her mindset at the trial. The videos would do that much better :furious: Not to mention the obvious benefits of her having a conviction on her record prior to trial, Amy getting some closure and justice, etc., etc...:behindbar

 

[marspiter]

Now this is just me mind you, but I do not consider what Casey did here with these checks a "minor" type of thing. She was on a rampant spending spree with one of her best friends stolen check books and during a period when her daughter was decomposing down the street from her house. To me this goes to show that she was not in the least bit concerned or worried for Caylee. She was shopping for "THE BOYS" and buying herself trinkets like sunglasses and clothing. I think these charges go to show her state of mind in a most clear and concise fashion and I do not think there is a snowballs chance in Hawaii that the prosecution is just going to let this get swept under the rug. So what they paid it back on her behalf? That does not negate the fact of what she did and WHEN she was busy doing it: while her baby was supposedly missing/kidnapped, which of course now we know better. Also to me a "minor" theft would have been a pair of sunglasses or something like that from Target-not over six hundred dollars spent all over Orlando.

Oh I completely agree that this clearly shows her state of mind and she was certainly on a crime spree. Stealing money from your grandfathers nursing home account to me is just so low it's beyond words. So wish SP would charge her.

What I was saying that in most cases of check fraud and "minor" theft (Casey was charge with Uttering a Forged Check and "Petit" theft over 100 dollars and under 300). I say minor because in NC if you steal a pair of sunglasses for 10 dollars or a tv for 900 its the same misdemeanor larceny charge as its under 1000, in Florida the charge is Petit. Not saying what she did was minor or less significant in terms of its immorality or barring on this case. In many cases like this in district court for first offenses of this nature if it is paid before the court date the charge can be dropped or they get unsupervised probation. The parties can also go to a mediation program that attempts to settle out of court. Mediation services handle alot of theft, fraud and assault charges here.

For this case I don't expect to see the charges dropped (Do to the nature of the case), but since JB is an inexperienced lawyer I figure he's handled more misdemeanor and lower felony charges then anything else and may be used to seeing charges dropped in district court for these offenses once the monies are paid. I feel that's what he was trying to do by paying back the money. I figure the state is trying to push to have the trial for these charges first so they can get certain things on record and also enter the court room for the bigger charges with a previous conviction. JB and Co. are trying to get this dismissed or pushed back to prevent that from occurring.

 

[jon_burrows]

Actually see this allot in District Court. The defendant will pay the money back for bad checks or other minor theft charges. Normally once it's paid allot of these cases do get dismissed. That or in some areas with a case like this the defense can request the case go to mediation. Then both parties agree to a repayment or some mutual agreement and the case is dismissed in lieu of mediation. That may be what JB is wanting/trying to do here. That is get the case dismissed. So evidence in the fraud/theft trial can't be used in the murder trial.

I can understand how a simple theft charge could get dismissed but Casey said something like 'I will lie, cheat, and steal' to find my daughter to LE. It's on video and I can't see why it wouldn't be shown to the jury. The prosecution can use the video from Target to show that she wasn't stealing to find Caylee, she was stealing to buy frivolous stuff for herself. Since Casey herself tied the stealing to finding Caylee, the prosecution should be able to bring the theft charges into the murder trial. IMO

 

[marspiter]

I can understand how a simple theft charge could get dismissed but Casey said something like 'I will lie, cheat, and steal' to find my daughter to LE. It's on video and I can't see why it wouldn't be shown to the jury. The prosecution can use the video from Target to show that she wasn't stealing to find Caylee, she was stealing to buy frivolous stuff for herself. Since Casey herself tied the stealing to finding Caylee, the prosecution should be able to bring the theft charges into the murder trial. IMO

Oh yeah I completely agree. This cases isn't going to get dismissed. The prosecution wants this conviction. They want certain things from the check charges and stealing on record. This case for these charges is pretty much a done deal for the prosecution. She's on camera and more or less admitted to stealing, and signed Amy's checks with her own name. Doesn't get any more clear then that.

Was just trying to explain why I felt Baez was paying back the money. He probably thought it was worth a shot. It didn't work and now they are trying to delay the case.

 

[MADJGNLAW]

I have been looking for the article from last year and gave up. Didn't Baez already ask for the check fraud charges trial to be postponed? And if so, what gives them the right to keep asking for this case to be post-ponded?
Do crime victims ever have any rights? :behindbar
Baez knew last year that Casey was already indited for murder, the only difference is that the remains were found in Dec. I just don't understand how the courts can keep continuing this trial especially since most feel it's a first offense and pety. So why not get it over with? It's not about Casey, it's about Amy in this case and it's about Caylee all the way around. Why is so easy for evil people to get away with everything? I just don't understand our justice system and blame them equally because if our laws were sticker then maybe there would not be so many crimes committed. A slap on the wrist is never going to teach anyone or keep anyone for being criminal again; 95% don't change "IMO". Their crimes just escalate "IMO". :furious:

 

[Brini]

And I've got money on the table that during that fit there will be uttered, at least once if not a dozen times, the words

uhhhh
taint
ummmm
jury
uhhhh
pool

Sucker bet! Not gonna take it! ;-) :blowkiss:

 

[Intermezzo]

Oh I completely agree that this clearly shows her state of mind and she was certainly on a crime spree. Stealing money from your grandfathers nursing home account to me is just so low it's beyond words. So wish SP would charge her.

What I was saying that in most cases of check fraud and "minor" theft (Casey was charge with Uttering a Forged Check and "Petit" theft over 100 dollars and under 300). I say minor because in NC if you steal a pair of sunglasses for 10 dollars or a tv for 900 its the same misdemeanor larceny charge as its under 1000, in Florida the charge is Petit. Not saying what she did was minor or less significant in terms of its immorality or barring on this case. In many cases like this in district court for first offenses of this nature if it is paid before the court date the charge can be dropped or they get unsupervised probation. The parties can also go to a mediation program that attempts to settle out of court. Mediation services handle alot of theft, fraud and assault charges here.

For this case I don't expect to see the charges dropped (Do to the nature of the case), but since JB is an inexperienced lawyer I figure he's handled more misdemeanor and lower felony charges then anything else and may be used to seeing charges dropped in district court for these offenses once the monies are paid. I feel that's what he was trying to do by paying back the money. I figure the state is trying to push to have the trial for these charges first so they can get certain things on record and also enter the court room for the bigger charges with a previous conviction. JB and Co. are trying to get this dismissed or pushed back to prevent that from occurring.

BBM

IIRC we haven't heard any talk or info from SP's bank other than once she found the money missing from the account the bank investigated and repaid SP's account back, they found out it was Casey that stole the money...but the bank is out of that money so would they not wish to pursue charges as well or is it too late now?
Did Cindy pay back the amount to the Bank and inturn they agreed to not press charges?

 

[Intermezzo]

See this is what gets me, I keep hearing bad checks but she didn't write bad checks, she stole checks and used them to buy things. Writing a hot check is not a good thing but she did not write hot checks.....she took someone else's checks and spent their money. If she signed Amy's name to some of those check that is theft and forgery. Signing her own name, well, that is just plan stupidity but it is still theft. What else was in the charges, something about identity theft? Or did I make that up?

I looked it up and forgery in florida is a 3rd degree felony punishable by up to 5 year maximum. I would assume that is per charge and she has more than 1.

also I found this:

Issuing a worthless check worth less than $150 is a first degree misdemeanor, punishable by up to 12 months in county jail and/or a fine of up to $1,000. The issuer may face civil charges as well and if convicted in civil court may face paying up to three times the value of the check as well as attorney fees and other costs. Issuing a worthless check worth $150 or more is a third degree felony, punishable by up to 5 years in state prison and/or a fine of up to $5,000.

BBM
I agree.
To me the words "writing a bad check" means writing a check from your own bank account which is lacking in funds to cover the check.

 

[marspiter]

BBM

IIRC we haven't heard any talk or info from SP's bank other than once she found the money missing from the account the bank investigated and repaid SP's account back, they found out it was Casey that stole the money...but the bank is out of that money so would they not wish to pursue charges as well or is it too late now?
Did Cindy pay back the amount to the Bank and inturn they agreed to not press charges?

My memory on this is fuzzy but I think from the SP interview didn't she say Cindy paid her back or something to that effect?

 

[cecybeans]

And let's not forget that the only reason KC stopped stealing was when Amy's money ran out and her account didn't have enough in it to pay KC's phone bill - if she had only had a bit more in her account (or if we could count the $400 cash she probably stole) - it would have pushed the charges up to grand theft amount quickly. Simply sending a check to BoA a year later should have absolutely nothing to do with the charges. It's also a tacit admission of guilt to begin with, and by the long delay, just adding insult to injury.

I'm sure it cost BoA at least as much as the actual stolen funds in administrative costs to rectify the situation. Not to mention how much time and hassle AH had to go through to deal with things.

It's also the exact same Teflon "remedy" that KC has always gotten by with after stealing. Somebody else makes restitution and people are supposed to forget about it and call it even or ignore her crime. I am sick of people cutting her slack for misdeeds (well, to be honest, crimes) that are not isolated incidents but part of a larger and escalating pattern of behavior.

 

[Theonly1]

What kills me is that Casey wasn't stealing anything having to do with Caylee because she knew Caylee was LONG GONE at her own hand (jmo). Was Casey going to the Spy Store and buying items to help find Caylee? Nope. Was Casey buying things for Caylee's upcoming birthday party in hope of Caylee coming home? Nope. Was Casey going online and paying to run license tags and private eye searches for the elusive Zanny? Hell no.

Casey was buying "sexy" lingerie, beer and goodies which she was using to get in good with TonE and his friends. The most Casey did with her ill-gotten goods was buy herself a tattoo in memory of Caylee (and that is tenuous at best).